PNP seeks Supreme Court block on Portmore parish law

The Parliamentary Opposition has filed an affidavit of urgency asking the Supreme Court to temporarily block the enactment of the law passed to establish Portmore as a parish, arguing that it violates the Constitution of Jamaica.

People’s National Party (PNP) Member of Parliament for St Catherine Southern Fitz Jackson filed the document on March 17, 2025, in support of claims brought by him, Mayor of Portmore Leon Thomas, and councillors Claude Hamilton and Vanrick Preddie.

Jackson wants the status of Portmore unchanged until the High Court decides whether the Government violated the Constitution in the passing of the Counties and Parishes (Amendment) Act.

Attorney General Dr Derrick McKoy and Minister of Local Government Desmond McKenzie have been named as defendants.

McKenzie piloted the bill through the House of Representatives in February.

Jackson argued in the three-page affidavit that the act — which is now awaiting the assent of Governor General Sir Patrick Allen or an effective-date notice from McKenzie – if brought into effect “will result in potentially irreparable constitutional breaches”.

He said these breaches would include, according to the document obtained by The Gleaner, the violation of the structure of local governance, the democratic rights of electors, and fundamental principles of fairness and the rule of law.

According to Jackson, the act, by establishing Portmore as a new parish, alters the constituency boundaries “directly contravening” paragraph 2(1) of the Second Schedule of the Constitution “which explicitly prohibits the boundary of a parliamentary constituency from crossing parish boundaries”.

Jackson said if the act is implemented before judicial determination, it will infringe the Jamaican Constitution and result in confusion regarding electoral representation, constituency delineation, and the rights of voters and elected officials, including him.

CAUSE OF CONFUSION

He said that already, the act is causing confusion among constituents and communities.

“The interim relief sought is necessary to preserve the status quo and to ensure that no unconstitutional action is taken before the court has had the opportunity to determine the lawfulness of the act,” said Jackson.

He wants the court to grant an urgent hearing to prevent the implementation of the act.

The request comes amid suits filed by Jackson, Thomas, Hamilton, and Preddie against McKoy and McKenzie.

The four are asking the court to declare that the Counties and Parish (Amendment) Act 2025 is null and void and of no effect because it is inconsistent with the Constitution of Jamaica.

They are also asking the court to block McKenzie or any other minister - until further order from the court - from appointing a day to effect the Act.

They also want any further relief the court may deem suitable as well as costs.

Thomas is suing on the grounds that he is a directly elected mayor whose term comes to an end in 2028. He is claiming that Section 8 of the act, if effected, repeals the Charter of the Municipality of Portmore, abolishing his office.

Hamilton, the councillor for the Portmore Pines division, wants the court to strike down the act, which, he argued, would abolish his division if it came into effect.

According to the court documents, he is elected to serve in one of the areas that are currently a part of St Catherine but which the act redesignates as part of the new parish of Portmore.

Preddie, the councillor for the Hellshire division and third claimant in the matter, is arguing that if the act comes into effect, it will change his status as a resident of St Catherine in which his division falls to a resident of the parish of Portmore.

This will exclude him from future candidacy as a councillor unless he relocates, he claims.

Councillors are required by law to live in the parish in which the division they represent at the municipal level falls.

Meanwhile, Jackson, who is listed as the fourth claimant, said his constituency, which now sits in St Catherine, will have some of its boundaries redesignated to fall within the parish of Portmore if the act is enacted. He noted that this runs contrary to the second schedule.

“In the premises each of the claimants is a person with sufficient interest in the subject matter of this claim and a person who alleges that provisions of Chapter III have been contravened in relation to him (within the meaning of Section 19(1) of the Constitution),” the 18-page claim form said.

On Tuesday, Opposition Leader Mark Golding disclosed during his contribution to the Budget Debate that his parliamentary caucus had begun legal proceedings against the Government.

“We regard to the pursuit of this legislation as a dangerous affront to our democracy, which must be vigorously resisted by all lawful means at our disposal,” Golding said in his presentation.

In February, the Electoral Commission of Jamaica (ECJ) warned, in a letter to Parliament and the Ministry of Local Government, that the proposed Portmore parish boundary “may negatively” affect a provision of the Constitution.

“The boundary of a constituency shall not cross the boundary of a parish as delimited by the Counties and Parishes Act or by any law amending or replacing that law,” the ECJ said, quoting the constitutional provision.

It is not clear whether the ministry has responded to the ECJ.

kimone.francis@gleanerjm.com